Both Justice Madan Lokur, one of the most highly regarded former judges of the Supreme Court, and Dushyant Dave, a well-known lawyer and former President of the Supreme Court Bar Association, have strongly criticised the Supreme Court’s advisory opinion given in response to the presidential reference on how governors and the president should handle legislation.

Both believe that the advisory opinion is not well-thought through and will add to the confusion. They believe that if governors start taking interminable time to pass legislation it will place India’s federalism in danger. Both men also believe that the Supreme Court should not have entertained the presidential reference seeking an advisory opinion.

Justice Lokur said the Supreme Court’s advice is “not well-thought out (and) could add to the confusion rather than sort out any problems … it is confusing and messy. And really what should be done? One doesn’t know. Should the governor say listen I'm bound by the directions given by the two judges and I have to take a decision within three months? Or can a governor say listen I'm not bound by the judgement of the Supreme Court? That will create a constitutional crisis."

Watch the full discussion to know more.

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